ML20151Z489
| ML20151Z489 | |
| Person / Time | |
|---|---|
| Issue date: | 08/18/1988 |
| From: | Zech L NRC COMMISSION (OCM) |
| To: | Markey E HOUSE OF REP. |
| Shared Package | |
| ML20151Z491 | List: |
| References | |
| NUDOCS 8808290342 | |
| Download: ML20151Z489 (3) | |
Text
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1 UNITED STATES P b /2-
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NUCLEAR REGULATORY COMMISSION j
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i August 18, 1988 CHAIRMAN The Honorable Edward J. Markey United States House of Representatives Washington, D.C.
20515
Dear Congressman Markey:
I am responding to your letter of July 29, 1988, concerning issuance by the Nuclear Regulatory Commission (NRC) of regulations establishing fitness-for-duty requirements at nuclear power plants.
For your information, on July 18, 1988, following a briefing by its staff, the Commission approved a proposed Fitness-for-Duty rule for publication in the Fede gl Register for a 60-day public comment period, subject to moaTfTeations which the staff was directed to make in the text.
A copy of the original staff proposal (SECY-88-129) is enclosed.
The revised text is currently being reviewed by the Commission prior to publication.
I want to assure you that in the absence of a final rule, the NRC is able to take effective action if plant safety is potentially affected because an individual is unfit for duty.
While the Commission may not cite the 1986 Policy Statement as the basis for enforcement actions, such as civil penalties, the Commission has exercised and will continue to exercise i+s authority to order remedial action to correct any potentially unst's situation, including any that may arise from fitness-for-duty issues.
I emphasized this point in a June 1987 announcement to all NRC employees, a copy of which is enclosed for your information.
I hope this response will clarify the importance the Commission places on fitness-for-duty programs for nuclear power plants.
I will be pleased to provide you a copy of the rulemaking notice when the Commission has completed its final review.
Sincerely, (A).
Lando W.
Zec, Jr.
Enclosures:
As Stated 8800290342Bj{@PNV Dg M lO CO RE DE CE
ENCLOSURE
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UNITED STATES NUCLEAR REGULATORY COMMISSION ANNQUNCEMENT NO. 89 DATE:
June 19, 1987 TO:
ALL EMPLOYEES
SUBJECT:
FIINESS FOR DUTY POLICY I want to emphasize to all NRC employees some key points of the Cnmission Policy Statement on Fitness for Duty of Nuclear Power Plant Personnel.
Recently, concerns have been expressed about the fact that this is a policy statement, rather than a rule.
In fact, this point was controver' sial and debated prior to the adoption of the policy statement by a Comission majority.
As regulators, we are responsible for acting on any allegation or observa-tion of an unsafe occurrence or practice. All such findings should be
, appropriately reviewed, addressed and escalated to higher management's attention regardless of whether the matter is covered by a rule or a policy.
I believe it is important for all of us to recall the following significant elements of the policy statement.
It is Comission policy that the sale, use, or possession of illegal drugs or alcohol within protected areas at nuclear power plant sites is unacceptable.
It is Comission policy that persons within protected areas at nuclear power plant sites shall not be under the influence of any substance, legal or illegal, which adversely affects their ability to perfom their duties.
An accept.able fitness for duty program should at a minimum include the following essential elements:
1)
A provision that the sale, use, or possession of illegal drugs within the protected area will result in imediate revocation of access to vital areas and discharge from nuclear power plant activities.
The use of alcohol or abuse of legal drugs within the protected area will result in imediate revocation of access to vital areas and possible dis'harge from nuclear power plant activities.
2 2)
A provision that any other 5 ale,40ssession, or use of ; illegal,'J drugs will result in imediate revocation of access to vital
.s areas, mandatory rehabilitation prior to reinstatement of access and possible discharge from nuclear power plant activities.-
3)
' Effective monitoring and testing procedures to p' ovide re5sonable r
assurance that nuclear power plant personnel with access to vital areas are fit for duty.
If plant safety is potentially affected because. a person is unfit for duty, the Comission authority to order remedial action to correct the potentially unsafe condition is not diminished simply because the above is a matter of policy, rather than rule.
I expect that we should view the effectiveness of a utility fitness for.
duty program with the same importance as any other activity which has the potential to affect plant safety. While we may not use the policy state-nent as the basis for enforcement actions such as civil penalties, there should be no doubt of our ability to address any condition that has the potential to compromise safety.
The NRC can issue orders directing appropriate corrective actions when necessary. This is why it is important that all employees bring any situation potentially affecting safety to the attention of management, whether or not specific regulations apply to the situation.
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Lando W..Zech d r.
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Chairman 4
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